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ESTRADA v. ROWLAND

No. 94-15236.

69 F.3d 405 (1995)

Robert R. ESTRADA, Plaintiff-Appellant, v. James K. ROWLAND; J.S. Stainer; R. Haase; S. Sosa; M. Melgado; Garcia and N. Haywood, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 8, 1995.

Attorney(s) appearing for the Case

Robert Reginald Estrada, In Pro Per, Crescent City, California, for plaintiff-appellant.

G. Lewis Chartrand, Deputy Attorney General, Sacramento, California, for defendants-appellees.

Before: SCHROEDER, FLETCHER, and RYMER, Circuit Judges.

PER CURIAM:

The district court dismissed Robert R. Estrada's § 1983 action when he attended his deposition but refused to testify. Because a party who appears at a deposition but refuses to testify does not "fail to appear" for the purposes of Federal Rule of Civil Procedure 37(d), we reverse and remand.

I

In 1991, Estrada brought a § 1983 prisoner's action against several employees of the California Department of Corrections alleging assault...

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